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(영문) 서울중앙지방법원 2016.08.31 2016고단3128
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duties of driving CK5 taxi.

On February 5, 2016, the Defendant driven the above taxi on February 5, 2016, and driven the front road in Dongjak-gu Seoul Metropolitan Government D into three-lanes, one of three-lanes from the offside of the street to the opposite bank.

At the same time, the signal, etc. was installed in the intersection where the signal, etc. was installed, and the crossing is located in the intersection where the signal, etc. is installed, so in such a case, a person engaged in driving a motor vehicle has a duty of care to prevent an accident by reducing the speed of the motor vehicle and properly examining the right and the right of the front and the right of the motor vehicle, complying with the signal accurately, protecting pedestrians, etc.

Nevertheless, the defendant did not find out the victim F (45 years old) who walked on the right side of the above taxi due to the negligence of breaking the crosswalk while standing alone, even though the signal turn on the front left-hand turn of the intersection, was in the situation of the red stop signal, and the victim was able to take the front part of the above taxi in front of the above taxi, in accordance with the e-mail pedestrian new, by failing to find out the victim F (45 years old) who walked on the right side of the above taxi.

As a result, the Defendant suffered injury, such as an open flaparing so that the victim may receive approximately 10 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as photographs of related vehicles, on-site photographs, black stuffs video materials photographs;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, the proviso to Article 3 (2) 1 and 6 of the Act, Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (a) (the fact that he/she is against the law, was subscribed to the taxi mutual aid, the fact that he/she was smoothly agreed with the victim after the closure of pleadings, and other consideration of the age, sex, environment, etc. of the defendant);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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